Jalaluddin Mir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5095 of 2021 Arising Out of PS. Case No.-114 Year-2018 Thana- LAURIA District- West Champaran ====================================================== 1.

JALALUDDIN MIR, Son of Nasaruddin Mir Resident of Village - Baswariya Deoraj, P.S. - Lauriya, District - West Champaran. 2.

Segam Ara Wife of Nasaruddin Mir Resident of Village - Baswariya Deoraj, P.S. - Lauriya, District - West Champaran.

3.

Amarulla Khatoon Wife of Late Arfin Mir Resident of Village - Baswariya Deoraj, P.S. - Lauriya, District - West Champaran. 4.

Fakaruddin Mir Son of Mansarif Mir Resident of Village - Chatarbhujwa, P.S. - Shikarpur, District - West Champaran.

5.

Kitabuddin Mir Son of Mansarif Mir Resident of Village - Chatarbhujwa, P.S. - Shikarpur, District - West Champaran.

6.

Rabisha Khatoon Wife of Shahnawaj Mir Resident of Village - Hardiya Chowk, P.S. - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 Heard Mr. Umesh Chandra Verma, learned advocate for the petitioner nos. 1, 2, 4, 5 and 6 and Mr. Syed Ehteshamuddin, learned APP for the State. The petitioner nos. 1, 2, 4, 5 and 6 seek bail in anticipation of their arrest in connection with Lauriya P. S. Case No. 114 of 2018, dated 04.05.2018, instituted for the offences under Sections 506 and 34 of the Indian

Patna High Court CR. MISC. No.5095 of 2021(3) dt.02-11-2021 2/3 Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

The accusation against the above-named petitioners is of having abducted the daughter of the informant and of also misbehaving with her.

The learned advocate for the petitioner nos. 1, 2, 4, 5 and 6 has submitted that the fact is otherwise. During the course of investigation, victim has given her statement under Section 164 Cr.P.C., in which she has stated that because of her fight with her father, she had come out of her house and had gone to Delhi and now she has come back home. She was never abducted and was also not misbehaved with.

Regard being had to the afore-noted statement of the victim girl, who has disclosed her age to be 20 years, the petitioner nos. 1, 2, 4, 5 and 6, abovenamed, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt /

Patna High Court CR. MISC. No.5095 of 2021(3) dt.02-11-2021 3/3 production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judgecum-Special Judge, POCSO Act, West Champaran, Bettiah in connection with Lauriya P. S. Case No. 114 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T